Case: 10-70001 Document: 00511197389 Page: 1 Date Filed: 08/09/2010
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
August 9, 2010
No. 10-70001
Lyle W. Cayce
Clerk
FRANK MARTINEZ GARCIA,
Petitioner - Appellant
v.
RICK THALER, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE,
CORRECTIONAL INSTITUTIONS DIVISION,
Respondent - Appellee
Appeal from the United States District Court
for the Western District of Texas
USDC No. 5:08-CV-62
Before HIGGINBOTHAM, CLEMENT, and SOUTHWICK, Circuit Judges.
PER CURIAM:*
After reviewing the record and the parties’ submissions, we conclude that
Frank Martinez Garcia has failed to make a substantial showing of the denial
of a constitutional right, and – for essentially the reasons stated by the district
court – we deny his request for a certificate of appealability (COA) on all issues
raised therein. Judge Rodriguez’s careful opinion explains why reasonable
*
Pursuant to 5TH CIR . R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .
R. 47.5.4.
Case: 10-70001 Document: 00511197389 Page: 2 Date Filed: 08/09/2010
No. 10-70001
jurists will not disagree. The issues presented do not merit encouragement to
proceed further.1
1
See Miller-El v. Cockrell, 537 U.S. 322, 335–36 (2003).
2